Mollie Marie Lenzi, 24 (DOB 04/17/1989) is set for trial Oct. 14, 2013 on two counts of criminal vehicular operation. Prosecutors say she drunkenly grabbed the wheel of a friend's car from the passenger seat and swerved into a median April 19, 2011 on Interstate 94W in St. Paul. The driver of the car Lenzi was in suffered two broken ribs in the crash. Lenzi had been out celebrating her birthday with drinks among friends at the Wild Onion, according to a criminal complaint. A judge ruled in July that prosecutors can't use the results of Lenzi's blood test from the night in the accident as evidence in the trial. Photo courtesy of the Ramsey County Sherriff's Department.

Undated 2011 courtesy photo of Mollie Marie Lenzi, 24 (DOB 04/17/1989). Lenzi is set for trial Oct. 14, 2013 on two counts of criminal vehicular operation. Prosecutors say she drunkenly grabbed the wheel of a friend's car from the passenger seat and swerved into a median April 19, 2011 on Interstate 94 in St. Paul. The driver of the car Lenzi was in suffered two broken ribs in the crash. Lenzi had been out celebrating her birthday with drinks among friends at the Wild Onion, according to a criminal complaint. A judge ruled in July that prosecutors can't use the results of Lenzi's blood test from the night in the accident as evidence in the trial. Photo courtesy of the Ramsey County Sherriff's Department.

Mollie Marie Lenzi caused a car accident when she grabbed the steering wheel from the passenger seat and swerved into a median, prosecutors say.

Prosecutors claim she was drunk at the time, but at her trial next month, they won’t be able to use her blood- alcohol content as evidence against her.

A judge in July granted Lenzi’s motion to suppress results of a blood test taken April 19, 2011, the night her friend’s car crashed into a median on Interstate 94 around Western Avenue in St. Paul. Prosecutors failed to respond to Lenzi’s motion in time.

Lenzi, 24, of St. Paul, was out celebrating her 22nd birthday with friends the night of the accident, according to a criminal complaint. The car’s driver, Natalie Mast, and another passenger told police that Lenzi was “really drunk,” the complaint said, and that they saw her jerk the steering wheel right before the crash.

The car crashed into the center median. Mast suffered two broken ribs; Lenzi hit her head.

A state trooper visited Lenzi in the hospital that night and had a nurse take a sample of her blood. A year later, the state destroyed the sample — standard procedure for all samples more than a year old.

Kirk Anderson, Lenzi’s attorney, had argued that the test results shouldn’t be allowed as evidence because the trooper never got a search warrant for Lenzi’s blood. Also, Anderson said, the results were destroyed against Lenzi’s request that all evidence related to the case be preserved.

The state missed several deadlines to contest Lenzi’s motion. In granting the motion, Ramsey County District Judge Judith Tilsen noted the lack of any argument against Anderson’s claims.

Assistant Ramsey County Attorney Lawrence Schultz filed his response Aug. 1, the day after Tilsen granted the motion.

“This is very late,” he said in a letter to the judge. “I handled the late submission poorly.”

Lenzi faces two counts of felony criminal vehicular operation. Anderson said after a pretrial hearing Wednesday that one count against Lenzi — that her blood-alcohol content had been above 0.08, the legal limit to operate a motor vehicle — will likely be dismissed, as the state has no way to prove it without the test results.

Both parties are discussing a settlement ahead of trial, Anderson said.

Schultz declined comment.

County attorney spokesman Dennis Gerhardstein said, “We are confident we can prove beyond a reasonable doubt the remaining charge of criminal vehicular operation.”

As you comment, please be respectful of other commenters and other viewpoints. Our goal with article comments is to provide a space for civil, informative and constructive conversations. We reserve the right to remove any comment we deem to be defamatory, rude, insulting to others, hateful, off-topic or reckless to the community. See our full terms of use here.

A Buffalo, Minn., man was fatally injured Wednesday morning in Hugo when a tractor-trailer and a front-end loader apparently collided. Washington County sheriff’s deputies were dispatched about 8:40 a.m. to the 14600 block of Irish Avenue, where the truck and front-end loader crashed, according to a news release issued by the sheriff’s office. Responding deputies found one man with critical...

Target plans to boost its same-day delivery capability by paying $550 million for Shipt, its latest move to try to catch up with Amazon. Shipt, which charges members $99 a year, sends people out to choose and deliver groceries from stores. Target said Wednesday that it will add more products to the service next year, such as home goods and...

Ten years ago, Wisconsinite Helen McCombie decided to ring the bell for the Salvation Army’s red kettle for 30 hours straight, raising $15,000. She continued the tradition for two more years before passing it on to others. This year, the Salvation Army in western Wisconsin hopes the bell-ringing marathoners will bring in $75,000 to help save its homeless shelters, which...

BENSON, Minn. — Minnesota’s Occupational Safety and Health Administration is investigating the death of a man who died last week after a fall at the Benson Power plant in west-central Minnesota. Almost a week later, the police have not yet released the name of the man, though family members have been notified. The investigation into the incident is ongoing with...

A blind, potbellied pig found abandoned in southern Minnesota will get a second chance at life at an animal rescue in North Dakota. Alison Smith, owner of Kitty City animal rescue, took in Wanda the pig, who was found deserted at a residence in Albert Lea, Minn. A volunteer with Kitty City made the more than 500-mile trek last weekend...